© 2002 Wadsworth Publishing Co. Introduction to Criminal Justice 2002 Unit 1 – Crime and Criminal...

© 2002 Wadsworth Publishing Co.

Introduction to Criminal Justice 2002

Unit 1 – Crime and Criminal Justice

Slides Prepared by:Larry Bassi

SUNY College at BrockportRevised by Hal Nees

Metropolitan State College of Denver

Slides Prepared by:Larry Bassi

SUNY College at BrockportRevised by Hal Nees

Metropolitan State College of Denver

Unit 1 - 2

What Americans Think(U.S. Citizens – Most Important

Problem)

Unit 1 - 3

What Americans Think(Confidence in the Criminal Justice

System)

Unit 1 - 4

Percent of Criminal Justice Employees at Levels of

Government

0%

10%

20%

30%

40%

50%

60%

70%

80%

Police Judicial Corrections Total

FederalStateLocal

Unit 1 - 5

Politics and Criminal Justice

Politics and Criminal Justice

The nature and definition of criminal justice is always defined in political arenas. The “system” is a public one, therefore it is entrusted to politicians to set broad policies.

Political views of what is “best” vary among politicians.

Unit 1 - 6

Government & CrimeThe Crime Commissions

Numerous commissions that have studied crime in the U.S.

The President’s Commission on Law Enforcement and the Administration of Justice (1967)

Unit 1 - 7

To deal more effectively with crime and criminals the Criminal Justice system needs more:

TimeTime MoneyMoney People

+ +

Crime Commission Recommendations

Unit 1 - 8

Public Order and Individual Freedom

Public Order and Individual Freedom

The classic struggle law makers The classic struggle law makers dealdeal

with is how to keep the public with is how to keep the public orderorder

while still insuring freedom for the while still insuring freedom for the individual.individual.

The classic struggle law makers The classic struggle law makers dealdeal

with is how to keep the public with is how to keep the public orderorder

while still insuring freedom for the while still insuring freedom for the individual.individual.

Unit 1 - 9

Goals of the Criminal Justice System

Goals of the Criminal Justice System

DoingDoingJusticeJusticeDoingDoingJusticeJustice

ControllingControllingCrimeCrime

ControllingControllingCrimeCrime

PreventingPreventingCrimeCrime

PreventingPreventingCrimeCrime

Unit 1 - 10

FederalismFederalism

A system of A system of governmentgovernmentin which power is in which power is divideddividedbetween a central between a central (national)(national)government and government and regionalregional(state) governments.(state) governments.

Unit 1 - 11

Dual Justice SystemsDual Justice Systems

State systems handle alleged violations of state law.

The federal system handles alleged violations of federal law.

Unit 1 - 12

Government and Criminal Justice: What are the

connections?

Government and Criminal Justice: What are the

connections?

Judicial Branch - the courts

Executive Branch -President & Governors& administrative offices

Legislative Branch - those units that make substantive & procedural law

Unit 1 - 13

Executive BranchExecutive Branch

Carries out (executes) many acts of government

Holds powers of appointment and pardons

Provides leadership for crime control

Unit 1 - 14

Legislative BranchLegislative Branch

Defines criminal behavior

Establishes penalties

Passes laws governing criminal procedure

Funds crime-control programs

Unit 1 - 15

Judicial BranchJudicial Branch

Administers the process by which criminal responsibility is determined

Appellate courts interpret laws & review legislative decision making

Unit 1 - 16

The Supreme Court

As the highest court in American, the Supreme Court is often asked to resolve legal dilemmas

Unit 1 - 17

Realities of Crime

All crimes are not treated the same by the criminal justice system.

All criminals are not treated the same by the criminal justice system.

Much of the public has a distorted understanding about criminal justice processes.

Unit 1 - 18

Celebrity CasesCelebrity Cases

High Profile Felony CasesHigh Profile Felony Cases

Ordinary Felony CasesOrdinary Felony Cases

MisdemeanorsMisdemeanors

11

22

33

44

The WeddingThe WeddingCake ModelCake Model

The WeddingThe WeddingCake ModelCake Model

Unit 1 - 19

Origins of Criminal Law:Consensus View

•Law reflects the need for order.

•Law results from a consensus on widely shared values in society.

•Law is an impartial system to protect the public.

•Law provides neutral means of resolving disputes.

Unit 1 - 20

Origins of Criminal Law: Conflict View

Politically powerful groups influence the content of criminal law.

“Mala prohibita” offenses are prohibited by government but not wrong in themselves.

Harsh penalties are sometimes enforced on the poor or disadvantaged while the powerful are given lighter sentences.

Unit 1 - 21

Perspectives on Justice

A perspective is a “view point” about a A perspective is a “view point” about a givengivensubject. It normally reveals one’s subject. It normally reveals one’s understandingunderstandingabout the relationship between various about the relationship between various aspects aspects of a subject to each other and to the topic as of a subject to each other and to the topic as a a whole. A perspective about the causes of whole. A perspective about the causes of crime,crime,nature of criminals, the functions of nature of criminals, the functions of government,government,and the rights of victims is one of the and the rights of victims is one of the foundationsfoundationson which public policy is based.on which public policy is based.

Unit 1 - 22

Crime Control Perspective Proper role of criminal justice is to

prevent crime through judicious use of sanctions.

If criminal justice operated effectively, criminals would be deterred.

The system could punish in such a way to make all believe that “crime doesn’t pay”.

Focus of justice should be on the victim.

Crime control measures should be sure & swift.

Unit 1 - 23

Effects of the Crime Control Perspective

Mandatory sentencing “Three strikes and

you’re out” Preventative detention Abolition of parole

Unit 1 - 24

Rehabilitative Perspective

The justice system should be a means of caring for and treating people who cannot manage themselves.

Crime is an expression of frustration and anger created by social inequality.

Crime can be controlled by giving people the means to improve their lives through conventional endeavors.

Unit 1 - 25

Due Process Perspective

Combines elements of the liberals’ concern for the individual with the concept of legal fairness guaranteed by the Constitution.

Provides fair and equitable treatment to those accused of crime.

Advocates strict monitoring of discretion by justice officials to ensure no one suffers racial, religious or ethnic discrimination.

Unit 1 - 26

Effects of the Due Process Perspective

Exclusionary rule Right to attorney at all stages of the

process Due process rights given to juveniles Granting prison inmates

fundamental legal entitlements

Unit 1 - 27

Nonintervention Perspective

Limit the involvement of the criminal justice system with defendants whenever possible.

Long term effects of involvement are harmful to the individual.

Unit 1 - 28

Nonintervention Perspective and Net Widening

Nonintervention Nonintervention Strategies:Strategies:

Decriminalization of “victimless crimes”

Deinstitutionalization of nonviolent offenders

Pretrial Diversion for first time offendersWhich net catches more?Which net catches more?

Unit 1 - 29

Justice Perspective

Liberal Perspective

Fairness, equality, and strict control of discretion

Conservative Perspective

Crime Control

CombineCombines:s:

+ +

Unit 1 - 30

How Does the Justice Perspective Limit Discretion?

Advocates determinant sentencingdeterminant sentencing Advocates use of sentencing

guidelines Advocates abolition of parole

One of the major goals is to One of the major goals is to reduce disparityreduce disparity!!

Unit 1 - 31

Steps in the Decision Making Process – Criminal

Justice

Investigation Arrest Booking Charging Initial Appearance Preliminary Hearing/Grand Jury Indictment/Information Arraignment

Unit 1 - 32

Steps in the Decision Making Process – Criminal

Justice

Sentencing Appeal Corrections Release

Unit 1 - 33

Who Influences the Prosecutor?

Unit 1 - 34

Case Flow in the Justice System

Unit 1 - 35

Who Exercises Discretion?

© 2002 Wadsworth Publishing Co.

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